Nomination Pack (Incl Election Agent Notification Form) - Pandc

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Nomination Pack (Incl Election Agent Notification Form) - Pandc

You must print off the forms in this pack before submitting them.

The following papers must be delivered by hand:

1a: Nomination paper

1b: Candidate’s consent to nomination

The following papers can be delivered by hand or by post:

2: Certificate of authorisation

3: Request for a party emblem

The notice of election published by the Returning Officer will specify the times and exact location to which nomination papers must be delivered.

Ensure that where signatures are required, you submit the original signed version of each completed paper. Documents without original signatures cannot be accepted. C Parish election Candidate checklist L This checklist is designed to assist candidates standing in a parish council election in England in preparing to submit their nomination, and should be read alongside the Electoral Commission's Guidance for candidates and agents .

Task Tick Nomination paper (all candidates) Add your full name – surname in the first box and all other names in the second Optional - Use the commonly used name(s) box(es) if you are commonly known by a name other than your full name and want it to be used instead of your full name Description – Party candidates can use a party name or party description shown on the Electoral Commission’s website and supported by a certificate of authorisation from that party. Any candidate may use a description that is not likely to lead electors to associate the candidate with a registered political party or can use ‘Independent’ (and/or ‘Annibynnol’ in Wales) or leave this blank. Whatever you enter in this box will appear as your description on the ballot paper Add the full home address of the candidate Subscribers – both subscribers must sign and have their name printed. Use your copy of the electoral register to make sure the elector number of both subscribers is accurate Method of submitting the form to the RO: in person (but not limited to yourself), by hand Candidate’s consent (all candidates) You must be a British, Commonwealth or other European Union Citizen and not require leave to enter or remain in the United Kingdom or have indefinite leave to remain. You must also be 18 years old or older on the date you sign this form. You must meet at least one of the listed qualifications (a, b, c or d). Complete in full the details for all the qualifications that you meet in the space provided within the relevant box(es). You must not sign the form if you are disqualified to stand. Make sure that you read the Electoral Commission guidance on standing for election as well as the legislation listed. If you are not sure if you are able to stand you should contact the Electoral Commission or, if necessary, take your own legal advice. Add your full date of birth Sign and date the document in the presence of another person Get the other person to complete and sign the witness section Method of submitting the form (which must include all pages of legislation) to the RO: in person (but not limited to yourself), by hand Certificate of authorisation (party candidates only) Ensure the certificate contains the candidate’s full name Check the certificate allows the registered party name or description given on the nomination paper to be used (or allows the candidate to choose to use the party name or any registered description) Ensure it is issued by the party Nominating Officer (or someone that they have authorised to issue it on their behalf) Method of submitting the form to the RO: in person (but not limited to yourself) or by post Request for party emblem (party candidates only) Write the name or description of an emblem registered by the party and published on the Electoral Commission’s website Ensure the request is made by the candidate Method of submitting the form to the RO: in person (but not limited to yourself) or by post e

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1a Parish election Nomination paper

*ELECTION OF PARISH COUNCILLORS for the

1 *[ward of the] if applicable

*parish of 2 *Delete whichever is inappropriate

Date of election: THURSDAY 7 MAY 2015

We, the undersigned, being local government electors for the said *ward/parish do hereby nominate the under-mentioned person as a candidate at the said election.

Candidate’s details Mr/Mrs/Miss/ Candidate’s surname Ms/Dr/Other Other forenames in full

Commonly used surname (if any) Commonly used forenames (if any) Description (if any) use no more than six words

Home address in full

Electoral number Signature Print name Polling Elector district number

Proposer:

Seconder

1 Insert name of parish ward (if any). 2 Insert name of parish. Notes

1. The attention of candidates and electors is drawn to the rules for filling up nomination papers and other provisions relating to nomination papers contained in the election rules in the Local Elections (Parishes and Communities) Rules 2006.

2. Where a candidate is commonly known by some title they may be described by their title as if it were their surname.

3. Where a candidate commonly uses a name that is different from any other name they have, the commonly used name may also appear on the nomination paper, but if it does so, the commonly used name (instead of any other name) will appear on the ballot paper.

4. But the ballot paper will show the other name if the returning officer thinks that the use of the commonly used name may (a) be likely to mislead or confuse electors, or (b) that the commonly used name is obscene or offensive.

5. An elector may not – (a) subscribe more nomination papers than there are vacancies to be filled in the electoral area in which the election is held; or (b) subscribe a nomination paper for more than one ward in a parish or community divided into wards.

6. In this form ‘elector’ – (a) means a person whose name is registered in the register of local government electors for the electoral area in question on the last day for the publication of notice of election; and (b) includes a person then shown in the register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.

7. However, a person who has an anonymous entry in the register of local government electors cannot nominate a candidate for election.

Candidate’s date of birth: date of Candidate’s overleaf). printed are which of (copies 2011 Act sectionLocalism the of 1972, 34 section Act or 2000 Government Act Government Local Local the the of 78A of 80 section under, made decision or in, out set disqualification any of reason by elected being for disqualified not am I belief and knowledge my of best the to that declare I Witness’s signature: Witness’s signature: (address in full):of full): (name Witnessin inmydeclaration presence. signed above-mentioned the candidate Iconfirm the Witness: ( ofkilometres it in thatparish or 4.8 at months within resided whole12the lastduring have the of *d. I employername where appropriate, of place of and, work of address parishinat that( been months principal has 12 or of during work my those *c. only place premises other land inpremisesthe the or parishfollowing tenant * electoral number my and ( of inrespect namedof areathe above elector parish a am the for asgovernment localregistered *a. I that:and years of age18 the attained has European who Union of the another Member State ofor citizen the Irelandof Republic a citizen of a citizen, qualifying those Commonwealth a days or being day that virtue on electedby of so to be will qualified of I election, daypoll there isa the if on am my nominationthat, qualified and the of I thatonday I declare the *parish of: of as forelection councillor the: for candidate nomination a as to my consent hereby (homein full):address of in full): I (name election: of Date 1b those that may apply.those that in theywhich registered). districtare Notes: give address in give in fulladdress b. I have during the whole of the 12 months preceding that day or those days occupied as owner or owner as those occupied days preceding or day whole of that during the months Ihave the 12 b. qualifying address in fulladdress in qualifying *Deletewhichever isinappropriate A person’s electoral number is their number in the register to be used at the election (including the distinctive letters of thelettersof thepollingelection (including useddistinctive the numbertheat electoralis their be register to person’sin number A ): Parish Parish election ):

( see Note belowNotesee A candidate who is qualified by more than one qualification may completeallof isqualifiedbymorethanonequalificationmay who A candidate ):

Candidate’s Candidate’s signature: )

is : T HURSDAY Candidate’s consent to nominationtoconsentCandidate’s

7 M 7 ( description and address of land or of land addressand description AY 2015

): only UseOffice Date received Date Time receivedTime

Date: Initials give give applicable] * ward [if No. p.1/5 or or or or Local Government Act 1972

80. Disqualifications for election and holding office as member of local authority.

(1) Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority if he – (a) holds any paid office or employment (other than the office of chairman, vice-chairman, deputy chairman, presiding member or deputy presiding member or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive) appointments or elections to which are or may be made or confirmed by the local authority or any committee or sub-committee of the authority or by a joint committee or National Park authority on which the authority are represented or by any person holding any such office or employment; or (b) is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order, or a debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986; or (c) [This has been removed and no longer applies] (d) has within five years before the day of election or since his election been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or (e) is disqualified for being elected or for being a member of that authority under Part III of the Representation of the People Act 1983.

(2) Subject to the provisions of section 81 below, a paid officer of a local authority who is employed under the direction of – (a) a committee or sub-committee of the authority any member of which is appointed on the nomination of some other local authority; or (b) a joint board, joint authority, economic prosperity board, combined authority, joint waste authority or joint committee on which the authority are represented and any member of which is so appointed; shall be disqualified for being elected or being a member of that other local authority.

(2AA) A paid member of staff of the Greater London Authority who is employed under the direction of a joint committee the membership of which includes – (a) one or more persons appointed on the nomination of the Authority acting by the Mayor, and (b) one or more members of one or more London borough councils appointed to the committee on the nomination of those councils, shall be disqualified for being elected or being a member of any of those London borough councils.

(2A) Subsection (2) above shall have effect as if the reference to a joint board included a reference to a National Park authority.

(2B) For the purposes of this section a local authority shall be treated as

p.2/5 represented on a National Park authority if it is entitled to make any appointment of a local authority member of the National Park authority.

(3) Subsection (1)(a) shall have effect in relation to a teacher in a school maintained by the local authority who does not hold an employment falling within that provision as it has effect in relation to a teacher in such a school who holds such an employment.

(5) For the purposes of subsection (1)(d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of the non- prosecution thereof shall be deemed to be the date of the conviction.

81. Exception to provisions of section 80

(4) Section 80(2) and (3) above shall not operate so to disqualify –

(a) any person by reason of his being a teacher, or otherwise employed, in a school or other educational institution maintained or assisted by a county council for being a member of a district council by reason that the district council nominates members of the education committee of the county council Local Government Act 2000

Persons disqualified by eligible tribunals. The following is the legislation that describes how persons disqualified by certain tribunals are disqualified from standing in local government elections.

78A. Decisions of First-tier Tribunal [(1) Deleted.]

(2) Where the First-tier Tribunal adjudicates on any matter under this Act, it must decide whether or not any person to which that matter relates has failed to comply with the code of conduct of the relevant authority concerned.

(3) Where the tribunal decides that a person has not failed to comply with the code of conduct of the relevant authority concerned, it must give notice to that effect to the standards committee of the relevant authority concerned.

(4) Where the tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned, it may— (a) take in respect of him any action authorised by regulations made by the Secretary of State for the purposes of this subsection, or (b) decide to take no action against him.

(5) Regulations made under subsection (4) may in particular— (a) enable the tribunal to censure the person, (b) enable it to suspend, or partially suspend, the person from being a member or co-opted member of the relevant authority concerned for a limited period, p.3/5 (c) enable it to disqualify the person, for a period not exceeding five years, for being or becoming (whether by election or otherwise) a member of that or any other relevant authority.

(6) The reference in subsection (5)(b) to the relevant authority concerned is to be read, in relation to a person who is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England, as a reference to that other relevant authority.

(7) Regulations made by the Secretary of State may require the First-tier Tribunal to give a notice to the standards committee of the relevant authority concerned where it decides that a person has failed to comply with the code of conduct of that authority and— (a) decides to suspend or partially suspend the person, (b) decides to disqualify the person, (c) decides to take action against the person other than suspension, partial suspension or disqualification, or (d) decides to take no action against him.

(8) Regulations under subsection (7) may— (a) prescribe the content of any notice, (b) provide for the effect that any notice is to have, (c) provide for provisions of the regulations to have effect with prescribed modifications where the person concerned is no longer a member or co- opted member of the relevant authority concerned, but is a member or co-opted member of another relevant authority in England.

The Localism Act only applies to candidates standing in England Localism Act 2011

Section 34(4) describes how a person may be disqualified from standing in local government elections under this section. The remaining provisions of section 34 do not directly affect a person’s entitlement to stand for election 34 Offences (1) A person commits an offence if, without reasonable excuse, the person— (a) fails to comply with an obligation imposed on the person by section 30(1) or 31(2), (3) or (7), (b) participates in any discussion or vote in contravention of section 31(4), or (c) takes any steps in contravention of section 31(8). (2) A person commits an offence if under section 30(1) or 31(2), (3) or (7) the person provides information that is false or misleading and the person— (a) knows that the information is false or misleading, or (b) is reckless as to whether the information is true and not misleading.

p.4/5 (3) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (4) A court dealing with a person for an offence under this section may (in addition to any other power exercisable in the person's case) by order disqualify the person, for a period not exceeding five years, for being or becoming (by election or otherwise) a member or co-opted member of the relevant authority in question or any other relevant authority. (5) A prosecution for an offence under this section is not to be instituted except by or on behalf of the Director of Public Prosecutions. (6) Proceedings for an offence under this section may be brought within a period of 12 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor's knowledge. (7) But no such proceedings may be brought more than three years— (a) after the commission of the offence, or (b) in the case of a continuous contravention, after the last date on which the offence was committed. (8) A certificate signed by the prosecutor and stating the date on which such evidence came to the prosecutor's knowledge is conclusive evidence of that fact; and a certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved. (9) The Local Government Act 1972 is amended as follows. (10) In section 86(1)(b) (authority to declare vacancy where member becomes disqualified otherwise than in certain cases) after “ 2000 ” insert “ or section 34 of the Localism Act 2011 ”. (11) In section 87(1)(ee) (date of casual vacancies)— (a) after “2000” insert “ or section 34 of the Localism Act 2011 or ”, and (b) after “decision” insert “ or order ”. (12) The Greater London Authority Act 1999 is amended as follows. (13) In each of sections 7(b) and 14(b) (Authority to declare vacancy where Assembly member or Mayor becomes disqualified otherwise than in certain cases) after sub-paragraph (i) insert— “(ia) under section 34 of the Localism Act 2011,”. (14) In section 9(1)(f) (date of casual vacancies)— (a) before “or by virtue of” insert “ or section 34 of the Localism Act 2011 ”, and (b) after “that Act” insert “ of 1998 or that section ”.

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2 Parish election Certificate of authorisation

To accompany the nomination of a candidate standing on behalf of a registered political party. (Note: candidates standing on behalf of two or more parties require a certificate from each party and each must allow the same registered joint description to be used). This certificate must be issued by the registered Nominating Officer of the party or by a person authorised to sign on their behalf. This certificate authorises the candidate to use a specific registered description or the name of the party as registered with the Electoral Commission, or to use ‘any registered description or the party name as registered with the Electoral Commission’. This authorised party name or description can then be included by the candidate on the nomination form. It is this which will appear as their description on the ballot paper. Party names and registered descriptions are listed on the Electoral Commission’s website (www.electoralcommission.org.uk). Details of candidate to be authorised and the allowed description/party name

Date of THURSDAY 7 [Ward]/parish name: election: MAY 2015 The candidate (name in full):

Name of political party: Political party registered with the Electoral Commission

I hereby certify that the candidate may include the following registered description or party name in their nomination form:

Note: It is an offence to make a false declaration.

Signature of party’s registered Nominating Officer (or person authorised by the registered Nominating Officer):

Name of person signing this form:

Date:

This form must be delivered to the Returning Officer by no later than 4pm on Thursday 9 April 2015. e

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3 Parish election Request for a party emblem This form is for a candidate of a political party who is subject to a certificate of authorisation and who wishes to have a party emblem printed on the ballot paper next to their name.

This form must be signed by the candidate.

Candidate’s request for use of an emblem Date of [Ward]/parish name: election:

Candidate name in full:

I request that the ballot paper shall contain, against my name, the following registered emblem (please identify which emblem if the party has registered more than one) Emblem to be used (Please use name or description as on Electoral Commission website):

Candidate’s Signature:

Date:

This form is only effective if delivered for a candidate standing on behalf of a political party to the Returning Officer by no later than 4pm on Thursday, 9 April 2015. Candidates standing on behalf of more than one political party and using a joint description may choose one emblem from one of the parties that you are standing for. Please indicate the name of the party and the emblem name in the ‘Emblem to be used’ box above.

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